tag:www.edelmanpclaw.com,2013-03-21:/blog/779322019-02-11T16:50:34ZMovable Type Enterprisetag:www.edelmanpclaw.com,2019:/blog//77932.36221052019-02-11T16:51:34Z2019-02-11T16:50:34Z
When most expectant parents imagine what it’s like to have a baby, they think of a cute, wriggly human learning how to move their little bodies. However, when a baby seems like they aren’t moving the way they should, it can be a cause of concern.

This is especially relevant for parents whose child had a difficult birth. If this is the case, a baby may have Erb’s palsy.

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Erb’s palsy, a form of brachial plexus palsy, affects the network of nerves near the neck that give rise to all the arm nerves. The brachial plexus provides movement and feeling to the shoulder, arm, hand and fingers. When the brachial plexus is weak, it causes arm weakness and loss of motion.

What causes Erb’s palsy in babies?

Erb’s palsy can occur when a baby’s brachial plexus is stretched, compressed or torn from the spinal cord. One of the most common causes of Erb’s palsy is a difficult delivery in which the baby’s neck is stretched to the side. Additionally, if a delivery occurs quickly and the person assisting has to exert some force to pull the baby from the birth canal, it can caused Erb’s palsy.

Infants that often experience a brachial plexus injury have a high birth weight, are in breech position or endured a prolonged labor. The risk for developing Erb’s palsy is higher if the baby’s shoulder gets wedged within the birth canal.

What are the symptoms and risks?

Some of the key symptoms parents can watch for are:

Weakness in one arm

Loss of feeling in the weak arm

Partial or total paralysis of the arm

It is important to see a doctor right away if there is any cause for concern, as untreated Erb’s palsy can be dangerous. Without proper treatment, Erb’s palsy can cause long-term issues such as:

Stiff joints

Chronic pain

Numbness

Muscle atrophy

Permanent disability

Can babies recover?

Most infants with Erb’s palsy can recover movement and feeling in the affected arm, but it often requires daily physical therapy exercises. It can take newborns up to two years to make a complete recovery and it often requires frequent checkups with a doctor, which can be expensive.

However, if parents follow their doctor’s recommendations, babies can fully recover. Before parents know it, that little one will be moving faster than they can keep up.

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tag:www.edelmanpclaw.com,2019:/blog//77932.36096072019-02-01T20:31:33Z2019-02-01T22:48:41Z
A recent tragedy is highlighting the overdue need for accessibility improvements in New York's subway system.

On January 28, Malaysia Goodson attempted to carry her one-year-old daughter Rhylee inside a stroller down a flight of stairs in a Manhattan subway station. While walking down the stairs she fell and tumbled onto the platform. Rhylee survived but Goodson died from her injuries.

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Accessibility accommodations are lacking

While the medical examiner is still determining if Goodson suffered a medical condition or was killed by the fall's impact, the tragic accident has left parents and disabled New Yorkers alike calling for better access to mass transit.

Only about 25 percent of the subway stations have elevators and they are regularly out of order. In contrast, Washington, D.C.'s subway system, has far more elevators despite being a smaller system.

One of the stations lacking an elevator is the Seventh Avenue station where Goodson fell. This station is a transfer point between three subway lines that span four boroughs.

Will accessibility improve?

This tragedy has drawn larger attention to the need for better accessibility in New York's subway system, which may help spark improvements.

In 2017, the Metropolitan Transportation Authority's (MTA) New York City Transit Authority (NYCTA) received a lawsuit that described the subway system as "one of the least accessible in the country" and alleged it violates the Americans With Disabilities Act. That case is still active.

The subway's leader Andy Byford proposed the Fast Forward plan last year to increase the rate of elevator installations and add enough that by 2025, no rider would be more than two stops from an accessible station at any time. Currently, many routes have a 10-stop gap between accessible stations. However, Byford's proposal could cost $40 billion and has not been funded.

The NYCTA operates the largest mass transit system in the country with more than 200 million riders every month. Continued inadequate accessibility leaves commuters vulnerable to injury and death.

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tag:www.edelmanpclaw.com,2019:/blog//77932.35685032019-01-04T21:21:34Z2019-01-07T14:22:24Z
Construction workers deserve a safe workplace, just like any other employee expects at their job, but unfortunately this is not always the reality. In New York City, construction workers face a potentially more dangerous environment as each year passes.

Reported construction injuries are currently on the rise in the city. In 2018, injury rates were higher than any other year after the 2008 recession. As this decade-high occurs, construction fatalities have remained high over the past few years as well.

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Is NYC doing anything to reduce injuries?

The rise in construction injuries started in 2014 as building increased in the city. Last year, the New York City Council approved a measure that requires the Department of Buildings to post a list of all construction-related deaths to better track when they occur and why.

The council has also enacted several measures aimed at preventing construction injuries, including increased oversight and higher fines for violations. Every construction worker must have at least 40 hours of safety training because of the city council's actions.

A company's liability

General contractors and property owners in New York also have a duty to workers. New York Labor Code Section 241 dictates that they ensure all workplaces are "constructed, shored, equipped, guarded, arranged, operated and conducted" to give workers "reasonable and adequate protection and safety."

Injured construction workers have an avenue for recourse under this code, as do the family members of an employee who dies due to an accident. If an employer fails to provide a safe working environment, New York protects those workers.

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tag:www.edelmanpclaw.com,2018:/blog//77932.35568802018-12-21T15:21:34Z2018-12-21T15:20:34Z
As many well-traveled individuals know, short-term vacation rentals like Airbnb are often a win-win situation for everyone involved — the renter gets an affordable place to stay and the owner/occupier gets to earn a little extra money.

Unfortunately, however, there can be a downside too, particularly when dangerous conditions are present at the rental property. So, who is responsible when a traveler using a short-term rental is seriously injured because of these unsafe or dangerous conditions? The owner? The booking company?

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Assessing liability, generally

Under a legal principle known as “premises liability,” properly owners have a basic duty to exercise reasonable care to keep guests safe from preventable harm so long as the visitors are lawfully on the owner’s property.

For example, if the property owner knew, or should have known, about an unsafe condition on the property, but failed to take reasonable steps to address it — such as fixing the hazard or at least warning guests about it — the owner may be legally responsible for any injuries that occur because of this unsafe condition. Therefore, if you are a guest at someone’s home, and you suffer an injury linked to an unsafe condition, you may be able to seek compensation from the owner, which would possibly be paid by the homeowner’s insurance company.

Hurdles to receiving compensation

However, it is important to keep in mind that things may work a little differently when short-term vacation rentals are involved. For instance, many homeowners’ insurance policies contain an exclusion for rental business activities — meaning the company insuring the home may deny a claim if the home was being used as a rental property at the time the injury occurred.

So, what does this mean for someone who is injured while renting the property through a short-term vacation rental company like Airbnb? Well, it likely means the homeowner’s insurance company will argue that they don’t have to pay anything for their injuries.

Fortunately, though, the owner’s insurance policy may not be the only option for covering damages related to injuries sustained by short-term renters. In fact, many short-term rental companies, including Airbnb, offer significant liability insurance coverage — in some cases, coverage up to $1 million. This coverage is often designed specifically to protect hosts (i.e., the property owners/occupiers) against third-party claims of bodily injury.

Therefore, if a guest suffers an injury while renting a property and subsequently files suit against the property owner/occupier due to unsafe conditions, the insurance provided by the short-term rental company may cover the damages, even if the homeowners’ insurance company doesn’t.

Does it sound complicated? It is — so get help today.

It is important to keep in mind, however, that every situation is a different. Indeed, depending on the companies involved and the insurance coverage offered, the legal options available may vary a great deal. This is why it is so important to contact knowledgeable legal guidance as soon as possible.

At Edelman & Edelman, P.C., our attorneys have a great deal of experience with these types of cases. Let us help you today.

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tag:www.edelmanpclaw.com,2018:/blog//77932.35308672018-12-03T18:41:34Z2018-12-03T18:40:34Z
New Yorkers have more options than ever when it comes to local delivery services, whether for groceries, products or take-out. Delivery truck accidents are also on the rise in New York City. The question is, are these issues connected?]]>
The perfect storm

The average New York City shopper lives a busy life and delivery services can truly reduce your stress level. It’s no wonder sites like Amazon Fresh, Seamless, and DoorDash keep expanding, not to mention old New York standbys like FreshDirect. You can have everything from toilet paper to alcohol delivered right to your door for a nominal fee. But what is the true cost?

Now that we are in the thick of the holiday season, many more deliveries are expected. In addition, we have a driver shortage in today’s labor market, which means delivery drivers will be under pressure to do more with less. Some places are also hiring younger, less experienced drivers to make up for the shortage. Add a little winter weather, and we have the perfect conditions for an accident.

What are the delivery driver’s facing?

Being a delivery driver in New York is not an easy job. Amazon delivery drivers, in particular, have made headlines for working under enormous pressure to get all those Amazon Prime and Amazon Now packages delivered on time. Drivers often work for a third-party contractor with Amazon, but Amazon is taking the heat for pushing drivers into dangerous practices. Drivers have reported the following:

Supervisors ignoring injuries on the job

Driving fatigued

Skipping lunch and even bathroom breaks in favor a bucket or bottle in the van

Speeding to make deliveries on time

Supervisors pushing drivers to compete with one another

Delivery schedules that are impossible to complete in an eight-hour shift

Although these accusations are specific to Amazon, many other companies face similar pressure. Both Target and Walmart have offered free two-day holiday shipping in an attempt to compete with Amazon, pushing UPS, FedEx and the US postal service to the limit. None of these conditions encourage safe driving.

What can you do to stay safe?

If you drive in the city, here are a few tips for avoiding an accident with a delivery truck:

Expect the unexpected. Delivery vehicles can make sudden stops. Keep a good distance behind them.

Stay out of the blind spot. Bigger trucks have bigger blind spots, so don’t linger there. If you can’t see the driver in the side-view mirror, the driver probably can’t see you. They also need more room to turn, so give them a wide berth.

There’s no reason for you to not enjoy the convenience of New York’s wide array of delivery services. But if you are out on the roads with them, take extra precautions to avoid an accident with a delivery truck. If you are injured by a delivery truck, however, you may have a personal injury claim against the company.

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tag:www.edelmanpclaw.com,2018:/blog//77932.35128242018-11-19T18:21:46Z2018-11-19T18:20:46Z
Pregnancy is a unique time for women, but it is for men as well. Something monumental is happening in your life and to your partner’s body, and there’s little control you have over the situation. It is natural to feel a little like you’re sitting on the sidelines.

What makes matters worse is when something goes wrong during pregnancy, birth or recovery. You want to help your partner as much as you can, but everything is new and you’re unsure of the right solution. Your best option is to place your trust in the medical professionals who you expect to know what to do, but sometimes things can still go wrong.

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Unfortunately, this scenario is more common than expecting dads may know. In the United States, maternal mortality is increasing as infant mortality goes down. Many times, this is due to medical errors.

What is maternal mortality?

Maternal mortality is a death that occurs either due to complications from pregnancy or birth or within six weeks of having given birth. In the U.S., this number has steadily risen since 1990; back then, there were 17 maternal deaths for every 100,000 pregnant women. As of 2015, there were 26 deaths for the same sample size.

What this means for American women is that they are 50 percent more like to die in childbirth than their own mothers were when they were born. For black women, this risk is three to four times higher, regardless of income or education.

Morbidity rates are worse

One aspect of maternal health during pregnancy and birth that is often overlooked is maternal morbitidy. This is how the medical community defines life-threatening complications that almost lead to death or pose a risk of death, but the patient lives.

After a year of researching maternal health and reporting, National Public Radio and ProPublica found that for every woman who does die in childbirth, which is already high, 70 nearly die. These complications are severely damaging to a woman’s health and can be a huge financial burden for families.

That is in addition to the emotional toll of losing or almost losing your partner. One woman who was interviewed ended up in a coma and when she awoke, she discovered she had undergone an emergency hysterectomy. While the procedure saved her life, she mourned the loss of the option to bear more children, as she had hope to do in the future.

What can dads do?

Health professionals have said that clinicians and hospitals need to do more to ensure women’s safety, such as running training examples of worst-case scenarios to be better prepared. They also say politicians can do more by tracking maternal mortality to better identify failures and create solutions to fix them.

But how do dads combat that feeling of helplessness, knowing how dangerous pregnancy and birth can be for their child’s mother? One thing you can do is be your partner’s advocate with her doctors and at the hospital. Make sure they take her pain and conditions seriously. Keep fighting for her if her caregivers aren't listening.

If something tragic does happen, you can pursue legal action to cover the medical expenses. It doesn’t heal the trauma of a death or near-death, but it can ease a burden that allows families to focus on their emotional needs.

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tag:www.edelmanpclaw.com,2018:/blog//77932.34995962018-11-06T21:01:34Z2018-11-06T21:00:34Z
Awareness of food allergies has increased in the past decade, as the problem impacts more people across a broad range of settings. Food allergies are an important consideration for schools, restaurants, airlines, sports venues, corporate kitchens and any other setting where food preparation and the public converge.

The severe consequences of not paying close enough attention to food allergies was realized when a 15-year-old girl with a sesame seed allergy ate a sandwich purchased from the chain Pret A Manager at Heathrow Airport in London and died hours later of cardiac arrest on a flight to Nice.

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That incident occurred in July 2016. Last month, Pret A Manager, a chain that has stores in New York, Chicago, Washington, D.C., and globally, announced it will add more detailed information to its ingredient labels.

Lack of information can be deadly

According to reports, Natasha Ednan-Laperouse purchased the artichoke, olive and tapenade baguette because there was no mention of sesame seeds. However, sesame seeds were baked into the dough. Her father administered two EpiPen injections, but could not save his daughter’s life. Natasha’s parents have campaigned for stronger food labelling laws since their daughter’s death.

Pret A Manager did not break British law by not providing the ingredients on the sandwich label, but a British court determined the labeling on the sandwich was inadequate. Pret A Manager follows different labeling laws in the U.S.

Food allergies and the law

The Food Allergen and Consumer Protection Act of 2004 stipulates that food that contains “a major food allergen,” such as peanuts, must clearly declare its presence. Other laws that apply to food allergens and warnings differ from state to state.

New York has laws that are designed to increase safety for those with food allergies, mostly in schools and day care facilities. Many restaurants proactively warn diners of ingredients that are common among food allergen sufferers. If a party makes a restaurant employee aware of food allergies, is still served food with that ingredient and becomes seriously ill or dies as a result, legal action may be warranted.

It is wise to enlist the help of an experienced personal injury law firm if you or someone you love is becomes seriously ill after consuming food in which a provider fails to warn about ingredients that could cause problems for people with allergies.

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tag:www.edelmanpclaw.com,2018:/blog//77932.34956592018-11-01T19:11:33Z2018-11-02T13:07:34Z
Anyone who has suffered a serious on-the-job injury while working construction knows just how devastating it can be. Not only are victims unable to work, but they must also contend with mounting debt -- especially if they need extensive medical treatment.

While you may be tempted to seek workers' compensation benefits to cover your expenses, it is important to remember that you may be entitled to much more, particularly if your injuries were caused by a third party. This is why you need to make sure you take the correct steps in order to protect your rights.

A third-party/labor law claim may exist: Depending on the circumstances of your accident, you may be able to seek compensation through a third-party/labor law claim. In many instances, there claims may be worth much more than workers' comp. For example, if your injury was caused by a delivery truck or the manufacturer of a defective piece of machinery, you may be able to seek compensation for your injury from these businesses. Keep in mind, though, these are simply two possibilities among countless others.

Workers' comp may impact your third-party claim: If you decide to accept a Section 32 lump-sum workers' comp settlement, you may be required to give testimony saying that you are okay and ready to work before you can collect the settlement. As you can imagine, this can significantly affect your third-party claim -- not to mention it may even be considered fraudulent should you still attempt to obtain a third-party settlement.

Even though not every construction-related injury will involve a third-party claim, it is crucial that you check with an experienced attorney first, just in case. If you don't, and you simply move forward with a workers' comp claim, you risk leaving money on the table -- money that would otherwise help you rebuild your life.

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tag:www.edelmanpclaw.com,2018:/blog//77932.34576052018-10-05T09:13:00Z2018-10-02T20:10:34Z
According to a recent report, The National Registry of Exonerations has finally hit a terrible milestone: victims on wrongful convictions who were later exonerated for crimes they didn’t commit have now lost more than 20,000 years behind bars.

Specifically, the Registry — which is a joint project involving the University of Michigan Law School, Michigan State University College of Law and the University of California Irvine Newkirk Center for Science & Society — indicates that exonerated individuals have spent a total of 20,080 years wrongfully imprisoned.

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When broken down even further, the Registry shows that the 2,265 exonerees listed have lost, on average, more than 8 years and 10 months each behind bars.

Some of the other alarming findings outlined in the recent report include:

Innocent black individuals are the most likely victims of wrongful convictions. In fact, while they only make up roughly 12 percent of the population, black Americans account for 46 percent of the exonerees and 56 percent of the 20,080 lost years.

Innocent black defendants spent more time in jail. For example, black exonerees spent, on average, 10.7 years in prison before being freed, while white exonerees spent only 7.4 years, on average — a 45 percent difference.

More than half of the exonerees received no compensation for their imprisonment. Indeed, even though more than $2.2 billion has been paid to victims of wrongful convictions, only about 44 percent of the exonerees reviewed actually received compensation for their time behind bars — meaning 56 percent have received nothing so far.

New York was slightly better than the national average when it came to compensating victims. Specifically, 60 percent of wrongful conviction victims in New York have received some compensation.

For many of these victims, they can never truly be made whole, even if they have received some type of compensation. After all, how many of these individuals have been robbed of their careers and family relationships, including marriages? And how many have had to spend time in jail as their children grew up and loved ones passed away? The reality is that they can never be truly repaid for the injustices they have had to suffer.

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tag:www.edelmanpclaw.com,2018:/blog//77932.34576062018-10-02T20:11:34Z2018-10-02T20:10:34Z
Quite simply, New York has some of the best worker protections laws in the United States. In fact, unlike other states, New York even has a law that is specifically designed to protect construction workers who spend their days working high atop scaffolding.

Aptly named the “Scaffolding law,” New York’s Labor Law §240 requires general contractors and property owners to provide construction workers with proper safety equipment — including scaffolding — when the workers are constructing, demolishing, painting or merely cleaning a building. If the owner or contractor fails to fulfill this duty, and a worker is injured in a fall as a result, the owner or contractor may be liable.

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While this law may seem rather straight-forward, there is still a great deal of confusion among construction workers when it comes to the Scaffolding Law. Hopefully the following three factors can help clear up some of this confusion.

The Scaffolding Law applies to more than just scaffolding: Even though Labor Law §240 may be referred to as the “Scaffolding Law,” in reality it applies to many other circumstances, including work-related accidents involving ladders, pulleys, hoists and ropes.

Workers’ comp claims and Scaffolding Law claims are different: Filing a claim under the state’s workers’ comp laws is very different that filing a claim under the Scaffolding Law. Indeed, the damages available under the Scaffolding law may be significantly greater than those provided by workers’ comp. This is why you should always talk to a personal injury attorney before simply filing a workers’ comp claim.

There is a time limit for bringing claims under the Scaffolding Law: Following your injury, you must file your claim before the statute of limitations runs out. For most personal injury claims associated with construction accidents, this time limit is typically three years, although this may change depending on the facts of the case. For instance, if the construction accident results in the death of family member, you may only have two years to bring a wrongful death claim. Alternatively, claims involving a government agency may have a time limit of only 90 days.

Keep in mind, there are many other things injured construction workers need to know in addition to these factors, including certain exemptions to the Scaffolding Law involving one- and two-family dwellings. And even though the information above may clear up some of the confusion, it is always best to contact an attorney if you have any questions.

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tag:www.edelmanpclaw.com,2018:/blog//77932.34211642018-09-05T19:21:35Z2018-09-05T19:20:35Z
There is no other way to put it, construction is booming in New York City. In fact, according to the city Department of Buildings (DOB), there were 168,243 construction permits issued last year, which is an all-time high.

The unfortunate downside of this recent boom, however, is that construction accidents are also increasing dramatically. Indeed, a recent report by the New York Post found that construction-related deaths in New York City have doubled, not to mention that injuries have also spiked 17 percent.

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2018 has been far deadlier than 2017

Specifically, this report, which examined DOB records, highlighted the fact that there have already been eight construction fatalities during the first seven months of 2018 — compared to only four during the same period last year. Also, through July of this year, there have been 469 workers injured.

Construction is — and always has been — a dangerous job

Unfortunately, dealing with treacherous conditions isn’t anything new for those working in the construction industry. Indeed, construction workers must contend with a wide variety of potentially-hazardous situations on a daily basis, ranging from having to work high atop scaffolding to using dangerous machinery, and everything in between. Just one small mishap can lead to a serious injury — or even death.

For example, according to statistics originally provided by the U.S. Bureau of Labor Statistics, and also cited in the recent New York Post report, construction workers accounted for 37.5 percent of all work-related deaths in 2016 — making it the most dangerous job in NYC, by far. Given the dangers faced by construction workers, it is no wonder why New York has some of the toughest construction safety laws in the country, including the Scaffolding Law.

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tag:www.edelmanpclaw.com,2018:/blog//77932.34133752018-08-28T13:51:34Z2018-08-28T13:50:34Z
Earlier this summer, the New York City Housing Authority (NYCHA) found itself marred in controversy when federal prosecutors filed a complaint claiming the agency woefully failed to comply with several crucial lead-paint regulations.

While this lead-paint debacle surprised many, it also served as a wake-up call for many New York residents — particularly those with children. Given that dust from lead paint is the most common cause of lead poisoning among children, New York parents need to familiarize themselves with the laws and regulations that govern lead paint here in New York.

If you believe your apartment may contain hazardous lead paint, you should call your landlord right away, especially if the paint is peeling. If your landlord does not fix the peeling paint (or if you think the repair work is not being done safely), call 311.

In addition, it is crucial to tell your landlord if you have a child under the age of six living with you — meaning you must fill out and return the Annual Notice you receive from your landlord each year. Also, wash everything often, including floors, window sills, toys, hands and pacifiers.

Even if you follow the rules, however, there is no guarantee that your landlord will do so as well. When landlords fail to properly fix lead-paint hazards, they are not only violating the law, but they are also putting you and your family at risk. Fortunately, there may be legal options available.

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tag:www.edelmanpclaw.com,2018:/blog//77932.34012522018-08-22T13:31:33Z2018-08-22T13:30:33Z
Earlier this summer, the New York City Housing Authority — otherwise known as NYCHA — came under fire when federal prosecutors filed a complaint claiming the agency failed to comply with several important lead-paint regulations. In fact, the federal government went as far as to accuse housing officials of misconduct and outright lies when managing the nation’s largest public housing system, which serves at least 400,000 New Yorkers.

While NYCHA ultimately admitted that it failed to meet its obligations to inspect for hazardous leads, according to a New York Times report, this admission has done little to reassure much of the public that this grave problem will be rectified soon.

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Just how big is the problem — and is anyone responsible?

As reported by The New York Times, NYCHA already acknowledged in June that 92 of its 325 developments has lead paint present. Mayor de Blasio also said at the time that the city will inspect the 130,000 units that may contain lead, which is more than double the previously-disclosed estimate of only 50,000 units. One of the goals of this broad inspection is to create a database of those buildings that contain lead paint.

Even though NYCHA has already chosen to settle with the federal government, it is important to point out that many individual victims are also filing their own claims.

While it remains to be seen whether this case will result in damages for the victims, it is nevertheless an important first step for the families who were put at risk by the actions of NYCHA.

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tag:www.edelmanpclaw.com,2018:/blog//77932.33905972018-08-13T17:41:34Z2018-08-13T17:40:34Z
Even though the legislative session may be over in New York, there are still some bills waiting for Gov. Cuomo’s signature, including one that seeks to create a commission charged with investigating allegations of prosecutorial misconduct.

This particular bill — otherwise known as Senate Bill S2412D — was sent to the Governor’s desk on August 8, and many groups, including several past victims of wrongful convictions, are urging him to sign it.

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Details of the proposed commission

The purpose of this legislation is to create a commission that will:

Review complaints of prosecutorial misconduct in New York and, if necessary, serve as a disciplinary entity

Enforce the prosecutorial obligation to follow acceptable standards of conduct

Establish accountability for prosecutorial conduct during the performance of their powers and duties as prosecutors

As stated by lawmakers, “It is vitally important there exist in law a tribunal to oversee [prosecutorial] discretion, to protect the rights of defendants and make certain they are not

violated. The liberties at stake in criminal prosecutions call for this level of scrutiny.”

While we still don’t know if Gov. Cuomo will sign this bill, many groups are urging him to do so. In fact, according to a Daily News report, a coalition of more than 100 individuals and groups, including 16 past victims of wrongful convictions, sent a letter to the Governor just last week outlining why he should sign this very important legislation.

One of the key points made in this letter is the fact that there is currently no “viable process for holding accountable prosecutors who break the rules.” In addition, the letter emphasized that New York had the fourth highest number of exonerations in the country in 2017 — meaning something needs to be done to reverse this dangerous trend.

Ultimately, it is hoped that greater accountability will provide incentive for things to change — and, as a result, fewer wrongful convictions.

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tag:www.edelmanpclaw.com,2018:/blog//77932.33653012018-07-24T17:11:34Z2018-07-24T19:19:58Z
As we've discussed in recent months, a damning report from the New York Committee for Occupational Safety and Health (NYCOSH) has found some distressing - and deadly - trends in the construction industry in New York. According to the report, entitled Deadly Skyline, New York construction fatalities have increased by almost 30 percent in the last five years, with a record-breaking 71 construction worker deaths reported in 2016 alone.

This alarming upward trend begs the question: what can be done to stop it? One solution proposed is to increase enforcement of existing construction laws and compliance, a job often done by the federal Occupational Safety and Health Administration (OSHA). However, OSHA seems to have abandoned its post, at least according to the NYCOSH report. The question then becomes: why?

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Underfunding may be one reason

The Deadly Skyline authors speculate that part of the problem may be lack of funding and support for OSHA over the last decade. Since 2010, OSHA's budget has remained fairly consistent at around $550 million, despite national increases in construction employment numbers and inflation.

The administration also implemented a national hiring freeze this year, meaning that the current ratio of one OSHA inspector for every 76,000 workers will remain the norm for the foreseeable future. This may not seem problematic until you realize that international construction standards dictate that countries should hire one labor inspector per 10,000 workers.

Moreover, a proposal from the federal House Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies would slash OSHA's budget by $7.5 million for fiscal year 2019. The bill passed committee hearings and is currently awaiting a vote in the U.S. House of Representatives.

These past and future cuts, the NYCOSH report argues, reduces OSHA's ability to perform routine inspections and surprise inspections in New York and across the nation. Therefore it may come as no surprise that OSHA inspections in New York have fallen a whopping 62.6 percent in the last 20 years. As many studies have shown, increased inspections means increased compliance with safety standards - and therefore less construction accidents and workplace fatalities. Without them, workplace accidents may just keep rising.

The easy way out

Another more insidious reason could be lack of will. In August 2016, OSHA successfully lobbied to increase its fines by 78 percent, the first increase since 1990. However, as the Deadly Skyline report found, the organization has failed to take advantage of this new strategy to enforce construction safety.

In fact, OSHA fines have decreased by 7 percent since 2016 in New York. OSHA's fines in the state have continued to average out around $20,000. It would seem that despite its new abilities, the organization still prefers to settle claims for low-ball amounts rather than take negligent contractors and real estate developers (with multibillion-dollar revenues) to task.

Is there a way forward?

Given these depressing statistics, it's tempting to wonder what more can be done to improve construction worker safety in New York. One solution might be to increase support of local and state governments, construction unions and other locally based organizations dedicated to protecting worker safety. Such organizations and laws (like New York Labor Laws §240 and §241 and the recently passed NYC Local Law 196) can hopefully fill in the gaps OSHA has left open.

The other thing injured constructions workers and their families can do is to continue holding negligent general contractors and employers legally and financially accountable. You deserve to work in an industry that puts your personal safety and that of your coworkers first. Sometimes accidents do happen, but in many cases, they could have been prevented with proper compliance.